The Role of Probation Officers in Determining Gender Differences in Sentencing Severity*

This study examines the relationship between gender and sentencing severity in the criminal justice system. Analysis focuses (1) on the extent to which gender influences sentencing and (2) on the part played by probation officers' presentence investigations in accounting for these differences. We find males are more likely than females to receive harsh sentences. The gender effect is diminished, but not ellmnished, in multivariate analyses, when controls are introduced for other sociodemographic and legal variables. The length of pretrial detention and the amount of charge reduction also have little impact on the magnitude of this relationship. Presentence recommendations by probation officers, however, have a major effect. Independent of other potential influences, being female greatly increases the likelihood of receiving a non-incarceration sentence recommendation which, in turn, is the primary predictor of final criminal court dispositions. A large portion of the gender effect in sentencing enters during the presentence stage, apparently because probation officers (the court officials who prepare the presentence reports) are influenced by traditional ideas about gender roles. Qualitative data suggest that they believe the sources of crime are different for women and men and that imprisonment is more appropriate as a treatment for men.     

Lesbian,Gay, Bisexual,and Queer People's Perceptions of the Criminal Justice System: Implications for Social Services

Previous literature has found historically marginalized groups report more negative perceptions of the criminal justice system and lower levels of procedural justice, which then influences their mental health and their willingness to report crimes. While previous research on procedural justice has focused mostly on racial and ethnic minority groups, it is hypothesized that lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals would also report negative experiences of the criminal justice system. The current study utilized focus groups with 16 participants who identified as lesbian, gay, bisexual, and queer (LGBQ), with ages ranging from 26 to 35 years (M = 30.5 years, SD = 3.5). Participants were asked open-ended questions about how they felt about various aspects of the criminal justice system (e.g., police officers, courts, legal processes, etc.). Through the consensual qualitative research (CQR) process, researchers identified five domains that influenced participants’ experiences of the criminal justice system: (a) gender presentation, (b) influences of intersectional identities, (c) systemic and political issues, (d) experiences of discrimination, and (e) help-seeking behaviors and the criminal justice system. Implications for social services are discussed.     

Parenting and the association between maternal criminal justice involvement and adolescent delinquency

The high rate of adult criminal justice involvement in the United States has resulted in many unintended consequences for families of offenders. Families involved with the criminal justice system are disproportionately involved with the child welfare system, and adolescents involved in both systems (i.e., dual system involvement) exhibit higher levels of delinquency. Yet, a lack of research exists on dual system involvement and the effects on youth. The current study leveraged nationally representative and longitudinal data of families involved in the child welfare system to examine whether maternal criminal justice involvement predicted increases in youth delinquency. An ecological model tested the effects of maternal justice involvement beyond cumulative risks as well as the potential buffer of parental monitoring and non-violent discipline on system involvement. Results suggested child welfare-involved youth exhibited similar levels of delinquency over time, regardless of maternal justice involvement. Although youth with maternal justice involvement reported more parental monitoring, the level of monitoring mattered more for youth without maternal justice involvement who exhibited decreased delinquency in the presence of high parental monitoring compared to low monitoring. The differential pattern of association between parental monitoring and youth delinquency for dual-system involved families suggests they are distinct and may carry implications for treatment response aimed at delinquency reduction through parent training. These findings underscore the importance of interagency coordination around policy and interventions to identify these high risk families at risk of slipping through the cracks of multiple service involvement.     

Stalker profiles with and without protective orders: reoffending or criminal justice processing?

Research indicates that stalking is an extension of intimate partner violence. The overall purpose of this study was to better understand stalkers by examining the association between a protective order history and the court's processing of subsequent stalking, and to examine patterns of reoffending. This study examined a sample of 346 males who were charged with stalking in 1999 in one state. Subjects were partitioned into three groups: (1) males without protective orders; (2) males with one prior protective order; and (3) males with two or more prior protective orders. Almost two-thirds of the stalkers had a protective order against them at some point in the study, suggesting that stalking is associated with intimate partner violence. Results also found a linear trend with many of the criminal justice involvement variables and protective order history prior to 1999. Those charged with first-degree stalking were more likely to be found guilty initially, and about one-third of all three study groups had the initial felony stalking charge amended. Of those charged with second-degree stalking, only 7% of the group with two or more protective orders was initially found guilty, which was substantially less than the other two groups. And, when all the amendment dispositions were considered, there were no significant differences by group in guilty and dismissed dispositions for the index stalking charge. Further, consistent with previous criminal justice involvement, the group with two or more protective orders was more likely to have subsequent felony charges than the other two groups. Implications are discussed.     

Collaborating for consensus: Considerations for convening Coalition stakeholders to promote a gender-based approach to addressing the health needs of sex workers

Women involved in sex work experience myriad challenges, such as poverty, illiteracy, low social status and gender inequity, as they struggle to access healthcare. These challenges place them at high risk for poor health outcomes. The purpose of this article is to describe the formation of a strong cross-system Coalition representing both the criminal justice and healthcare systems to address the health needs of sex workers in Delaware. The Delaware Coalition for Health and Justice implemented a Coalition-building strategy to design interventions and streamline systems to promote health and reduce criminal justice contact for sex workers. The sequential intercept model was utilized to organize Coalition membership and build consensus among varied stakeholders. The model assisted the Coalition in understanding differing primary objectives for key system programs, recognizing the limitations and barriers of each stakeholder group, sharing findings and discovering opportunities for partnership, and engaging stakeholders in designing and providing a comprehensive “systems” approach. This work suggests that aligning the criminal justice, healthcare, and community social services in a systemic process to build consensus can result in the implementation of effective systems change initiatives that address gender disparities and promote the health of justice-involved women.     

Parent gender and child removal in physical abuse and neglect cases

Criminal justice research frequently investigates relationships between punishment decisions and demographic characteristics of the accused, such as gender, race, and age. While there are many similarities between criminal justice and child welfare cases, research on child maltreatment has yet to examine potential demographic influences on case outcomes. The current study examines relationships between parent gender, type of maltreatment, and child removal among agency responses to child maltreatment cases. Using data collected by the National Data Archive on Child Abuse and Neglect Data System (NCANDS), we identify differences in the likelihood of child removal from the parental home across type of maltreatment and perpetrator gender. Our results indicate that mother perpetrators of physical abuse not only face significantly higher likelihood of removal than mother perpetrators of neglect, but are more at risk for losing their children than father perpetrators of both physical abuse and neglect. Findings suggest that gendered attributions and stereotypes regarding parenting can shape assessments of parents' blameworthiness, dangerousness, and rehabilitative potential. We propose that future research on child maltreatment cases adapt and apply justice concepts and frameworks to uncover potential unwarranted demographic disparities in agency decision-making.     

Social Work and Criminal Justice

SUMMARY

We shall begin with the principal, and complicated, conclusion: Regrettably, the social work profession has largely abandoned the criminal justice field. That is not to say that social workers are not employed in criminal justice settings. Certainly they are. Significant numbers of social workers earn their living as probation and parole officers, caseworkers in public defender offices, counselors in correctional institutions and halfway houses, and so on. As a profession, however, social work no longer has a major presence in the criminal justice field (Gibelman and Schervish, 1993). Relatively few social workers embark on their professional education with the aim of employment in the criminal justice field. Virtually no courses in social work education programs focus explicitly or comprehensively on criminal justice (Knox and Roberts, 2002; McNeece and Roberts, 1997). Workshops offered at professional conferences or continuing education seminars rarely focus on criminal justice issues per se. And, relatively little serious scholarship on criminal justice issues is authored by social workers.

Interestingly, this has not always been the state of affairs. Earlier in the profession's history, social workers were much more visible and vocal participants in dialogue, debate, research, and practice related to criminal justice. Ideally-in light of social work's unique perspectives on practice and social problems, and the profession's noble value base-the profession will reclaim its preoccupation with criminal justice. As Sarri (2001) concludes with respect to social workers' involvement in the juvenile justice system in particular:

Thirty years ago, social workers were in leadership positions in juvenile justice in the majority of states. In the 1980s, a gradual decline began in agencies and in social work education for practice in juvenile justice. Some have suggested that the decline was at least partially due to professional resistance to working in coercive settings with involuntary clients. However, given the millions of people now caught up in the criminal justice system who are not receiving the social services they desperately need, it is a priority that social work return to a more central role in criminal justice. (p. 453)     

Justice that Restores

SUMMARY

Restorative justice is a movement within criminal justice that draws from a conception of justice as personal rather than impersonal. This article offers a definition of restorative justice and describes its hallmark programs: victim offender mediation, conferencing, circles, restitution, and community service. It explores the differences between restorative justice and contemporary criminal justice, including their relative strengths. Whereas criminal justice derives from an impersonal conception of justice, restorative justice draws from a personal understanding. Differences between the two views of justice are described, and a brief survey of history and cultures demonstrates that personal conceptions of justice have played, and continue to play, significant roles in shaping societies' responses to crime.     

Intimate partner violence: the effect of gender and contextual factors on community perceptions of harm, and suggested victim and criminal justice responses

Using a vignette to depict physical violence by an intimate partner, a 2 (perpetrator gender) X 2 (participant gender) X 2 (frequency) X 2 (intent to cause harm) between subjects factorial design was used to examine under what circumstances individuals perceive: an incident should be illegal, the extent of harm, and appropriate victim and criminal justice responses. There were 868 participants from the Brisbane (Australia) community (48.5% males). The actions of male perpetrators were viewed more seriously and the victims were recommended to seek more forms of assistance when the perpetrator was male. There were few differences in perceptions of violence according to participant gender. The frequency of the violence affected the participant's responses but the intentions of the perpetrator did not. Results are discussed in terms of stereotypes of intimate partner violence (IPV) and the implications for help-seeking behavior by victims.     

The Role of the Graduate School of Social Work in Criminal Justice Higher Education

This article deals with the extent to which graduate schools of social work are providing education in the field of criminal justice. It raises the question of whether the two-year professional social work model can be adopted for graduate education in criminal justice. A detailed survey taken in 1972 revealed that graduate schools of social work provided insignificant course offerings in the broad field of criminal justice.

The article concludes by showing that graduate schools of social work are appropriate vehicles for criminal justice type offerings, while at the same time indicating that those concerned with criminal justice have the opportunity to experiment with the social work model.     

The impact on taxpayer costs of a jail diversion program for people with serious mental illness

Mental illness is prevalent among those incarcerated. Jail diversion is one means by which people with mental illness are treated in the community – often with some criminal justice system oversight – instead of being incarcerated. Jail diversion may lead to immediate reductions in taxpayer costs because the person is no longer significantly engaged with the criminal justice system. It may also lead to longer term reductions in costs because effective treatment may ameliorate symptoms, reduce the number of future offenses, and thus subsequent arrests and incarceration. This study estimates the impact on taxpayer costs of a model jail diversion program for people with serious mental illness. Administrative data on criminal justice and treatment events were combined with primary and secondary data on the costs of each event. Propensity score methods and a quasi-experimental design were used to compare treatment and criminal justice costs for a group of people who were diverted to a group of people who were not diverted. Diversion was associated with approximately $2800 lower taxpayer costs per person 2 years after the point of diversion (p < .05). Reductions in criminal justice costs drove this result. Jail diversion for people with mental illness may thus be justified fiscally.     

Drug Courts and the Logic of Coerced Treatment1

This article examines the social and historical significance of coerced drug treatment within the criminal justice system. Drug courts, the most prominent example of this approach, serve as a case study to explore how seemingly contradictory perspectives on substance use—therapeutic and punitive—are merged to justify increased criminal justice oversight of defendants in the name of facilitating recovery. Drawing on an analysis of drug court organizational documents and interviews with key advocates, this article (1) examines the punitive, therapeutic, and medical knowledge drug court advocates draw on and construct to justify an increased role for the courts in solving the problem of addiction, and (2) links these theories historically to broader discussions about the causes of crime and the courts’ role in solving social problems. Overall, this article considers how scientific theories are fused with moral considerations in the name of an “enlightened” criminal justice approach to complex social problems.     

Elderly in America: A Descriptive Study of Elder Abuse Examining National Incident-Based Reporting System (NIBRS) Data, 2000–2005

Elder abuse is the newest form of intrafamilial violence to garner the attention of the public, policy makers, health officials, researchers, and the criminal justice system. Despite evidence that elder abuse is a growing problem, there is little known about the phenomenon because of persistent limitations in the extant empirical work. The present study examined a large cross-national sample of reported incidents (n = 87,422) collected as part of the National Incident-Based Reporting System (NIBRS), 2000–2005. Addressing limitations in prior works, this research employed a criminal justice oriented definition of elder abuse examining victim, offender, and incident characteristics using chi-square tests and logistic regression to establish baseline findings from a more comprehensive sample of data than previously existed. Results render a baseline profile of victims and abusers and suggest that gender differences prevail throughout elder abuse. This work both corroborates and contrasts past findings of elder abuse research, providing new insights and much needed baseline data.     

Is prior parental criminal justice involvement associated with child maltreatment? A systematic review

Parental criminal justice involvement is prevalent in the United States and potentially associated with a range of negative outcomes for children including child abuse and neglect. However, the association between prior parental criminal justice involvement and child maltreatment is not well understood. This paper reviewed the existing literature regarding maltreatment victimization among children of parents with prior criminal justice involvement. Results from ten reviewed studies demonstrated an association between prior parental criminal justice involvement and child maltreatment, but did not provide sufficient evidence to determine whether parental criminal justice involvement is an independent risk factor for child maltreatment or of the specific mechanisms through which this association occurs. Recommendations for future research include use of multivariate analysis methods that account for variations in the type and timing of parental criminal justice involvement and child maltreatment. Implications for practice include the development of strategies to address the adverse family contexts commonly found among these parents and children.     

Criminal Behavior Associated with Pathological Gambling

The influence of addictive gambling behavior on criminal behavior was examined in this study. A sample of pathological gamblers from in- and outpatient treatment centers and self-help groups (n = 300) and a sample of high and low frequency gamblers from the general population and army (n = 274) completed a comprehensive questionnaire which assessed social attachment, personality, pathological gambling and criminal behavior variables. The causal analysis of a Lisrel Model leads to the following results: addictive gambling behavior is an important criminogenic factor. This predisposing factor alone cannot sufficiently explain criminal behavior associated with pathological gambling. Personality variables also directly influence the intensity of criminal behavior. Social attachment variables have only an indirect effect. As far as property offenses are concerned, it was found that the direct causal effect of addiction behavior is greater than that of personality.     

Juvenile offender recidivism: an examination of risk factors

One hundred and seventy three male juvenile offenders were followed two years postrelease from a residential treatment facility to assess recidivism and factors related to recidivism. The overall recidivism rate was 23.9%. Logistic regression with stepwise and backward variable selection methods was used to examine the relationship between recidivism and nine specific variables: offense type, age at initial involvement in juvenile justice, child welfare system involvement, termination of parental rights, parental criminal history, family support, program completion status, length of treatment stay, and discharge placement. Offender type was the only factor found to have a significant impact on recidivism with general and substance-involved offenders more likely to recidivate than sex offenders. Implications for future research are discussed.     

Juvenile Offender Recidivism: An Examination of Risk Factors

One hundred and seventy three male juvenile offenders were followed two years postrelease from a residential treatment facility to assess recidivism and factors related to recidivism. The overall recidivism rate was 23.9%. Logistic regression with stepwise and backward variable selection methods was used to examine the relationship between recidivism and nine specific variables: offense type, age at initial involvement in juvenile justice, child welfare system involvement, termination of parental rights, parental criminal history, family support, program completion status, length of treatment stay, and discharge placement. Offender type was the only factor found to have a significant impact on recidivism with general and substance-involved offenders more likely to recidivate than sex offenders. Implications for future research are discussed.     

Problem‐Solving Courts: Theory and Practice

Problem‐solving courts (PSCs) are a popular and fast‐growing alternative to the usual way of handling criminal cases. In place of the adversarial process, they provide court‐supervised treatment to certain groups of offenders by addressing the underlying causes of criminal behavior. They take on a variety of forms including drug courts, mental health courts, domestic violence courts, veterans’ courts, and homeless courts. PSCs, as relatively new innovations in the criminal justice system, are still evolving in scope and in practice. This article then attempts to synthesize what we know about these specialty dockets. To do so, this article (1) explores the origins and developments of PSCs as well as highlights their defining characteristics; (2) examines the theoretical approaches and empirical findings of contemporary research on problem‐solving courts; (3) critically discusses whether this new approach to old problems compromises core judicial principles; and (4) suggests directions for further research to better understand the cautionary promise of problem‐solving justice.     

Mental Illness and the Criminal Justice System

This is the second essay in a two‐part series exploring the relationships between mental illness, criminal behavior, and the criminal justice system. The number of mentally ill persons in prisons and jails has increased substantially over the last several decades, and there are currently more people with mental illness behind bars than there are in mental hospitals. In this essay, we place these trends within a broader historical context of the social control of mental illness in the United States. We identify how and why mentally ill persons have come to be overrepresented in the criminal justice system and highlight the unique challenges this population poses for police, courts, and correctional facilities. Finally, we review several recent innovations in policy and practice that may help alleviate that burden of criminal justice involvement on mentally ill offenders, as well as the burden of mentally ill offenders on the criminal justice system.